Favors v. State

756 S.E.2d 612, 326 Ga. App. 373, 2014 Fulton County D. Rep. 801, 2014 WL 1062912, 2014 Ga. App. LEXIS 192
CourtCourt of Appeals of Georgia
DecidedMarch 20, 2014
DocketA13A1832
StatusPublished
Cited by4 cases

This text of 756 S.E.2d 612 (Favors v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Favors v. State, 756 S.E.2d 612, 326 Ga. App. 373, 2014 Fulton County D. Rep. 801, 2014 WL 1062912, 2014 Ga. App. LEXIS 192 (Ga. Ct. App. 2014).

Opinion

Ray, Judge.

Following a jury trial, Doniel Favors was convicted on three counts of aggravated cruelty to animals (OCGA § 16-12-4 (c)) and four counts of cruelty to animals (OCGA § 16-12-4 (b)).1 He appeals from the denial of his motion for new trial, contending that the evidence was insufficient to support his convictions and that the trial court erred in denying his request to strike a juror for cause. He also contends that he had ineffective assistance of counsel. Finding no reversible error, we affirm.

1. Favors argues that the evidence presented at trial was insufficient to support his convictions. We disagree.

On appeal from a criminal conviction, the evidence is viewed in a light most favorable to the verdict. We do not weigh the evidence or determine witness credibility but only determine whether the evidence is sufficient under the standard of Jackson v. Virginia[, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979)]. This same standard applies to our review of the [374]*374trial court’s denial of [Favors’] motion for new trial. The verdict must be upheld if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.

(Footnotes omitted.) Stephens v. State, 247 Ga. App. 719, 719 (545 SE2d 325) (2001).

So viewed, the record shows that the Smyrna Police Department received a complaint from Cobb County Animal Control about possible dogfighting activities occurring at Favors’ residence. Agent Andrew Grubb, a police officer assigned to the Marietta/Cobb/Smyrna Organized Crime Unit, and another agent went to the reported location and began surveillance of Favors’ residence. While there, the agents observed Favors drive down his driveway, exit his vehicle, unlock a gate, drive his vehicle through, close the gate, and drive away. The agents then followed Favors, and Agent Grubb was able to observe a large plastic animal container in the cargo area of Favors’ vehicle.

The agents later entered upon the property adjacent to Favors’ residence, with the adjacent property owner’s consent, to continue their surveillance. While they were there, the agents were able to observe dogs (pit bulls) that were restrained with heavy logging chains in Favors’ yard. Based on their observations, Agent Grubb sought and obtained a search warrant for Favors’ residence.

In executing the search warrant, agents found five dogs on Favors’ property. The dogs were separated from each other and restrained with heavy logging chains, preventing any contact or interaction between the dogs. The areas around the dogs were worn and had no vegetation, indicating that the dogs were chained for long periods of time. Some of the dogs had inadequate access to water. All of the dogs were very skinny, and most of the dogs had bite wounds and various signs of scarring on their bodies. The dogs that had open wounds did not appear to be receiving any medical treatment. Agent Grubb, who was qualified as an expert in dogfighting, testified that the conditions under which the dogs were kept were consistent with a dogfighting operation.

Inside the basement of the house, agents found a dogfighting pit with several tables, chairs, and couches set up around it. There was blood on the walls and carpet around the dogfighting pit, as well as bloody animal prints on the concrete floor. A cross-section of wood from one of the walls was sent for testing, and samples taken from this wood tested positive for the presence of dog blood. In the master bedroom of the house, agents found various documents relating to the [375]*375dogs, including breeding documents, lineage records, and registration certificates. One pedigree certificate, from the American Dog Breeders Association, listed Favors as the owner of an American pit bull terrier. The agents also found photographs of Favors holding various pit bulls.

OCGA § 16-12-4 (b) provides that “[a] person commits the offense of cruelty to animals when he or she causes death or unjustifiable physical pain or suffering to any animal by an act, an omission, or willful neglect.” Subsection (c) of this statute provides that “[a] person commits the offense of aggravated cruelty to animals when he or she knowingly and maliciously causes death or physical harm to an animal by rendering a part of such animal’s body useless or by seriously disfiguring such animal.”

On appeal, Favors does not challenge whether the dogs had been caused pain, suffering, and serious disfigurement. Rather, he argues that the evidence was insufficient to support his convictions because the State failed to establish that the dogs were actually his and that the State failed to prove that he had any connection to dogfighting. These arguments lack merit.

Ownership of the animal is not a required element of these offenses. See OCGA § 16-12-4 (b) and (c). Furthermore, the evidence shows that Favors lived at the residence where the dogs were found, that the dogs were restrained with heavy chains, that the dogs were not cared for properly, that the dogs had suffered seriously disfiguring injuries consistent with dogfighting, that Favors had a dogfighting pit in his residence, and that dog blood was found in and around the dogfighting pit.2 At a minimum, circumstantial evidence exists that Favors was connected to dogfighting.

Accordingly, we find that the evidence was sufficient to support his convictions. Stephens, supra at 720-721 (1).

2. Favors contends that his trial counsel was ineffective for failing to object to State’s Exhibit 8, which included a girl’s book report on pit bulls.3 We find no reversible error.

During Agent Grubb’s testimony, the State asked him to describe the paperwork that the agents found in the master bedroom of Favors’ residence. In response, he testified that the agents found several documents, papers, and breeding certificates related to the dogs. The prosecuting attorney then offered all of the papers and [376]*376documents, collectively, as State’s Exhibit 8. Without examining its contents, defense counsel stated that he had no objection to State’s Exhibit 8 being tendered into evidence. However, the book report on pit bulls was also among the papers and documents contained in this exhibit.

During closing argument, the prosecuting attorney, over Favors’ objection, read the following excerpt from the book report: “in the end I would like to say that, if you treat your puppy as if it were one of you, example, your best friend, sister or brother, you love the pit bull and it will love you too.” The prosecuting attorney then argued, in reference to the condition of the dogs in this case:

This is not how you treat a sister, brother or a friend. You don’t chain them up outside in the heat and not water them. You don’t not feed them to the point their ribs are showing.

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Cite This Page — Counsel Stack

Bluebook (online)
756 S.E.2d 612, 326 Ga. App. 373, 2014 Fulton County D. Rep. 801, 2014 WL 1062912, 2014 Ga. App. LEXIS 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/favors-v-state-gactapp-2014.